HomeMy WebLinkAboutEASEMENTS-Grant of Water Quality Preservation Easement - 1701 E 116th Street - S-MartStar Marts-20230817DocuSign Envelope ID: A783BF4D-131540FE-B644-39D2680629DF
CIT`'OV ' EL
JANiva BRAI\ARI). MAY( K
2023031517 EASE $25.00
July 25, 2023 08/17/2023 02: 36:44PM 8 PGS
Trini Beaver
Hamilton County Recorder IN
Board of Public Works and Safety Recorded as Presented
One Civic Square II II II II II II 111111111111111111111111 II
Carmel, Indiana 46032
RE: GRANT OF WATER QUALITY PRESERVATION EASEMENT-1701 E 1161h STREET
Dear Board Members:
The property owners of 1701 E 116th Street have requested the city accept the grant of a Water Quality
Preservation Easement associated with construction of a new mixed -use development.
Attached are the required Water Quality Preservation Easement documents. The Department of
Engineering has reviewed the attached forms and found them sufficient for Board signatures.
Sincerely,
Je ;emy Kashman, P.E.
City Engineer
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DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF
Cross Reference to Prior Deed of Record: Instrument No. 2017061420, 2023018923, 2023018924, in
the Hamilton County, Indiana Recorder's Office
WATER QUALITY PRESERVATION EASEMENT
This easement (the "Easement") is by and between S-Mart Real Estate, Inc.
(the "Grantor") and the City of Carmel, Indiana (the "City"), by and through its Board of Public
Works & Safety (the "Grantee") and shall have as its effective date the later of the date on which
Grantor executes this Easement or the date on which Grantee executes this easement;
RECITALS
A. Grantor is the owner of the real estate conveyed by the deed identified in the cross reference
above abutting or containing a stream (the "Grantor Parcel") located in Hamilton County, Indiana.
B. Per City of Carmel Unified Development Ordinance, Section 7.10(F) Easement Standards,
Water Quality Preservation Easements, as may be amended from time to time, Grantor is required
to establish a Water Quality Preservation Easement (the "Easement") in favor of the City, in
connection with Grantor's [construction of office building and bank] (the "Project"). The required
Easement is over a portion of the Grantor Parcel (herein referred to as the "Easement Area"), and
is more particularly described and depicted as follows:
See Exhibit A attached hereto and incorporated herein by this reference.
NOW, THEREFORE, in consideration of the foregoing recitals, all of which are
incorporated herein by this reference, and of the grants of easements and the mutual promises and
covenants set forth herein, the parties hereto agree as follows:
1. Grant of Easement. Grantor hereby grants and conveys to Grantee a non-exclusive,
perpetual easement over, under, through, across and upon the Easement Area for the purpose of
water quality preservation in and around a natural stream contained on the Grantor Parcel (the
"Easement").
2. Grantor Obligations. This Easement is hereby designated and restricted as a "no -
build," "no -disturb" zone, and no man-made structures, changes in grade, plant material
installation, or hardscape features shall be constructed or placed on or in the Easement Area,
excluding plant material permitted by the Department of Community Services Director or his/her
designee. Turf grass shall not be planted or maintained in this Easement, nor shall fertilizer,
herbicide or insecticide of any type be applied. Native plants shall be maintained. Up to ten percent
(10%) of the entire boundary with the stream may be managed such that access can be gained to
the water's edge. However, no man-made materials, gravel, sand, or turf grass shall be used to
provide that access. Stepping stones, or mowed/trimmed native grasses may be used when
approved by the Department of Community Services Director or his/her designee. Grantor shall
make adequate provision for the proper drainage of surface water over and across Easement Area
and surrounding area.
DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF
The Grantor shall further comply with all applicable federal, state, and local water quality
preservation and environmental requirements, rules and regulations.
3. Maintenance and Restoration of Easement Area. Subject to the terms described in
Paragraph 2 herein, during and after construction, Grantor or its successors, heirs or assigns,
including any established Homeowners Associations or similar entities, shall restore the Easement
Area, to the extent practicable, to the condition as existed prior to the commencement of the
Project, or maintenance, repair, or replacement thereto. In the event the Grantee, its employees, or
contractors are required to come upon the real estate contained in the Easement Area to replace,
restore, or clear any damage, deterioration, debris or other obstacles contained therein, the Grantee
shall only be liable to restore the Grantor's real estate to its previous grade, and to reseed and
undertake erosion control measures as are required by 327 IAC 15-5, as amended. Grantor shall
allow access to the Easement Area and surrounding area for any required maintenance, repair,
replacement, service and updates.
4. Rights Retained by Grantor. Grantor shall retain unto itself, and its grantees, heirs,
successors and assigns, and all others to whom Grantor may grant rights or easements, the right to
use the Easement Area for any and all purposes and uses not inconsistent with the foregoing
Easement and/or Grantee's rights and privileges thereunder.
5. Easement and Covenants Appurtenant. The Easement granted, established and
made herein, together with the benefits and privileges thereof, shall run with the Grantor Parcel
and inure to the benefit of Grantee and its grantees, successors and assigns. The Easement granted,
established and made herein, together with the burdens thereof, shall run with and bind the Grantor
Parcel, and shall bind Grantor and its grantees, successors and assigns. All covenants and
agreements of the Grantor and Grantee hereunder, together with the benefits and burdens thereof,
shall be deemed to be real covenants which touch and concern the Easement Area and the Grantor
Parcel, as applicable, shall run with the Easement Area and the Grantor Parcel, and shall inure to
the benefit of and be binding upon Grantor and Grantee, as applicable, and their respective
grantees, successors and assigns. All covenants and agreements hereunder may be enforced by an
action for specific performance, and in the event that a party breaches any such covenant or
agreement, the other party may further exercise any remedy available hereunder, at law or in
equity, and recover from the breaching party all amounts expended in connection with exercising
any such remedy (including without limitation, court costs and reasonable attorneys' fees).
6. Environmental Matters. The Grantor covenants and represents that to the best of
its knowledge, information and belief, that the Grantor Parcel is not presently the subject of, nor
under the threat of, any federal, state or local environmentally related lien, proceeding, claim,
liability or action. The Grantor agrees that, as between the Grantor and the Grantee, the acceptance
of this Agreement by the Grantee shall not increase the liability of the Grantee for environmentally
related claims arising from or related to conditions on the Grantor Parcel prior to the acceptance
of this Agreement.
2
DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF
7. Jurisdiction. The Grantor and the Grantor agree that any litigation associated with
or arising from this Agreement shall be filed with a court of competent jurisdiction within the State
of Indiana.
8. Other Obligations. The Grantor agrees that this Agreement shall not transfer to the
Grantee any past, present or future obligation(s) of the Grantor to be responsible for, or to pay, any
tax, assessment, or fee whatsoever that is associated with or related to the Grantor Parcel.
9. Amendment. The Grantor and the Grantee agree that this Agreement shall only be
modified or released by the express, written consent of both the Grantor and the Grantee. Said
consent, when duly recorded, shall run with the real estate.
10. Complete Understanding. The Grantor and the Grantee agree that this Agreement,
and the documents incorporated herein, represent the entire understanding between the Grantor
and the Grantee as regards the subject matter hereof.
11. Governing Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Indiana, except for its conflict of laws provisions.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the
date first written above.
GRANTOR �SblaztXe tate, Inc.
Johnson, Vice President
GRANTEE
CITY OF CARMEL BOARD OF PUBLIC WORKS & SAFETY
FE)"usignedby:
James rainard, Mayor
Date: 8/16/2023
Docuftned by:
%wycAm,Burke, Member
Date: 8/16/2023
,,—D—Sgne y:
l Levi lug.
17 �2WNtsfn, Member
Date: 8/16/2023
3
DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF
ATT4S. tiY
15
u-83Vffl '�fatng, Clerk
Date: 8/16/2023
DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF
STATE OF INDIANA )
SS:
COUNTY OF pV )
%. P`�`O
�- —
Steven P Evening, Notary Public
Madison County, State of Indiana
*iSRAT. #
NP
Commission No: NP0728428
My Commission Expires 08127/2028
Before me, a Notary Public in and for said County and State, personally appeared
ui , the Grantor, and who, having been duly sworn, acknowledged the truth and
accuracy of the representations made herein and the execution of the foregoing Agreement.
Witness my hand and Notarial Sea]]this clay of�Lko , 20 n 3
My commission expires: Z3 `
9 otary Public
I am a resident of WkK& t County, Indiana
NJAVA VvVy
Printed Name
STATE OF INDIANA )
SS:
COUNTY OF )
Before me, a Notary Public in and for said County and State, personally appeared
, the Grantee, and who, having been duly sworn, acknowledged the truth and
accuracy of the representations made herein and the execution of the foregoing Agreement.
Witness my hand and Notarial Seal this day of , 20 oZ
My commission expires: I
Not r Public
I am a resident o I _ County, Indiana
(jLsim � U�(1LA
Printed Name
This instrument was prepared by Sergey Grechukhin, Transactions Chief, City Hall, One Civic
Square, Carmel, Indiana 46032
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each and
every Social Security number in this document, unless it is required by law. Sergey Grechukhin
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•�o y.04 20,7 O �
NOTARY
PUBLIC di
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DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF
LOCATKA: C:\Users\Edward$)\oppdato\local\temp\MPuGieh_21824\W220335 Eoeemente_recover.dwa
June 29. ZOZ3 — 9:57om
WATER QUALITY PRESERVATION EASEMENT DESCRIPTION
A PART OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 17 NORTH, RANGE 4 EAST OF
THE SECOND PRINCIPAL MERIDIAN IN CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, SAID PART
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER SECTION, THENCE
NORTH 89 DEGREES 51 MINUTES 47 SECONDS EAST (NORTH AMERICAN DATUM OF 1983, INDIANA
EAST ZONE) ALONG THE NORTH LINE THEREOF A DISTANCE OF 210.00 FEET; THENCE SOUTH 00
DEGREES 45 MINUTES 15 SECONDS WEST PARALLEL WITH THE WEST LINE OF SAID QUARTER
SECTION 45.01 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 116TH STREET AS ESTABLISHED BY
DEED RECORD 321, PAGE 52 IN THE OFFICE OF THE RECORDER OF HAMILTON COUNTY, INDIANA;
THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF 116TH STREET THE FOLLOWING FIVE (5)
COURSES: (1) THENCE NORTH 89 DEGREES 51 MINUTES 47 SECONDS EAST 30.55 FEET; (2) THENCE
SOUTH 00 DEGREES 08 MINUTES 13 SECONDS EAST 15.00 FEET, (3) THENCE NORTH 89 DEGREES
51 MINUTES 47 SECONDS EAST 15.00 FEET; (4) THENCE NORTH 00 DEGREES 08 MINUTES 13
SECONDS WEST 10.78 FEET TO THE SOUTH LINE OF A 0.004 ACRE TRACT PER INSTRUMENT
NUMBER 200200025991 IN THE OFFICE OF SAID RECORDER; (5) THENCE NORTH 89 DEGREES 51
MINUTES 47 SECONDS EAST ALONG SAID SOUTH LINE 44.38 FEET TO THE WEST LINE OF A TRACT
OF LAND PER INSTRUMENT NUMBER 2021-03253 IN THE OFFICE OF SAID RECORDER; THENCE
SOUTH 00 DEGREES 45 MINUTES 15 SECONDS WEST ALONG SAID WEST LINE 113.37 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES 45 MINUTES 15 SECONDS WEST
ALONG SAID WEST LINE AND THE EXTENSION THEREOF 189.66 FEET; THENCE NORTH 89 DEGREES
14 MINUTES 45 SECONDS WEST 254.97 FEET TO THE EAST RIGHT-OF-WAY LINE OF WESTFIELD
BOULEVARD; THENCE NORTH 00 DEGREES 45 MINUTES 15 SECONDS EAST ALONG SAID EAST
RIGHT-OF-WAY LINE 51.49 FEET, THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST
121.96 FEET, THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST 190.65 FEET TO THE
POINT OF BEGINNING, CONTAINING 0.52 ACRES (22522 SQ. FT.) MORE OR LESS.
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FNGINEERS 3171e46-WI
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CARMEL OFFICE BUILDING
PAGE 1 OF 2
1701 E. 116TH STREET,
CARMEL, IN. 46032
DATE: JUNE 29, 2023
DocuSign Envelope ID: A783BF4D-1315-40FE-B644-39D2680629DF
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N89'51'47'E 210.00'
POINT OF COMMENCEMENT o
NW COR., NW 1/4, E. I I6th STREET
SEC. 6, TI7N, R4E N
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S MART REAL
ESTATE, INC.
INST. #2017061420
INST. 12023018923
as' Row INST. #2023018924
N. LINE., NW 1/4,
SEC. 6, T17N, R4E
9'51'47'E 44.38'
N00'08'13'W
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POINT OF
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PRESERVATION EASEMENT
o 0.52f ACRES, 22522f SQ. FT.
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N89'14'45"W 254.97'
This drawing is not intended to be represented as a retracement or original boundary survey, a route
survey, or a Surveyor Location Report and is based on a survey by Accura Land Surveying per
Project Number 03-21-2114 dated 06/09/2021 and recertified April 21, 2022 by Philip D. Going, RLS,
LS29400003.
CARMEL OFFICE BUILDING
PAGE 2 OF 2 N
— t, ,^ ° _ 1701 E. 116TH STREET,
LI: WEIHE ( 1idinapo1s1i"' °"''"" eO"'� °° E CARMEL, IN. 46032
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F. N G 1 N F F_ R S 0 12.5 2E so DATE: JUNE 29. 2023
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